



tsuJjuL jJuixJluTyu ccuQjL cnr 






Class. 
Book. 



UL 



SPEECH 



OF 



HON. W. H. ENGLISH, OF INDIANA, 



ON THE' 



RESOLUTION REPORTED BY THE COMMITTEE OF ELECTIONS IN THE CON- 
TESTED-ELECTION CASE FROM KANSAS TERRITORY. 



DELIVERED 



IN THE HOUSE OF REPRESENTATIVES, MARCH 18, 1856. 



WASHINGTOiV: 

tUlNTED AT THE CONGRESSIONAL GLOBE OFFICE. 

1856. 



rs-f 



KANSAS CONTESTED ELECTION. 



The Resolution from the Committee of Elections risking 
for power to send for persons and papers in the Kansas Elec- 
tion case being before the House for consideration — 

Mr. ENGLISH said: 

Mr. Speaker: I had intended to address the 
House upon the pending question, but it has 
been so ably and thoroughly discussed by the 
gentlemen who have preceded me, that I am but 
little inclined to speak now, and shall not do so 
at any considerable length. 

1 know that the minds of gentlemen here arc 
fully made up, and I shall therefore be content 
to indicate the votes I shall give, and some of the 
reasons that influence me — reserving the usual 
privilege of enlarging upon these views should 
my remarks be written out for the eye of my 
constituents. 

Sir, what is the nature and character of the 
question under consideratioii? It is a contest for 
a seat upon this floor as Delegate from the Terri- 
tory of Kansas, wherein A. II. Reeder is the 
claimant, or contestant, and J. V/. Whitfield the 
sitting member. We are called upon to decide 
legal questions, and to act as a high court of jus- 
tice, whose decision is final, rather than in a legis- 
lative capacity; and we arc certainly to regard 
dearly-established principles of law and evidence 
as well as time-honored precedents. 

At the time of the organization of the present 
Congress, Mr. Whitfield appeared, produced his 
credentials, (wiiich were in due form,) received 
the oath of office, and took his seat as a Delegate 
upon this floor. He was, prima facie at least, as 
nuich entitled to a seat as any gentleman here. 
Upon the face of the papers he was the duly- 
fdectcd Delegate — was certified to be such by the 
Governor — was chosen at an election held under 
authority of a law passed by the Kansas Legis- 
lature, the members of wiiich were elected in 
pursuance of the act of Congress organizing that 
Territory. No one can dispute, therefore, that, 
as the case now stands, he shoivs a regular chain of 
title, and a perfect right to his scat; and that it de- 
volves upon those who contest this right, to disprove 
his title by competent proof, in the manner prescribed 
by laic, and in accordance with the usages of this 
body. 



A. H. Reeder is the gentleman who contests 
the seat, and upon his memorial the Committee of 
Elections have asked for unlimited power to send 
for persons and papers, and this is the immediate 
question before the House. It is proper to remark 
that, at the election held pursuant to the act of the 
Kansas Legislature, Mr. Whitfield received two 
thousand nine hundn d votes, and Mr. Reeder 
but thirty-six — the whole number of votes polled 
being less than three thousand. The latter does 
not claim to have been elected at that time, nor 
does he pretend that all the votes cast for Mr. 
Whitfield were illegal. He alleges that some hun- 
dreds of them were illegal, but does not contend, 
nor does any of his friends, that any other per- 
son received more legal votes at that election than 
Mr. Whitfield. If Mr. Wliitfield had received 
but one hundred legal votes, and that was the 
highest number of legal votes any individual re- 
ceived, he would still be clearly entitled to the 
seat. Mr. Reed<r claims to have been elected at 
another time; and, although he says he received a 
majority of the legal votes, he does not s;\y, and 
cannot say, it was at an election authorized by 
any law. The truth is, it was an irregular and 
unauthorized gathering of the people without any 
legal sanction whatever. 

Now, sir, let us look a little into the merits of 
this clanri to a seat set up by Mr. Reeder; an([ 
in doing so I begin by laying down a v/ell-knowu 
principle of hiw and equity which is entirely ap- 
plicable to this case, viz: ihiU the claimant must 
rely upon the strength of his ovn case, and not upon 
the iccakness of his adversary. As the lawyers say, 
he must come into court with clean hands, and can- 
not be allowed to lake advantage of his oicn wrong. 
Let us apply these plain and just legal principles 
to Governor Reeder "s claim. He says the^Le- 
gislature that passed the law under which Whit- 
field was elected was spurious, and the law tliire- 
fore void; but at the same time he does not pre- 
en td that the election when he was chosen was 
tiuthorized by any law whatever. According to 
his own version, then,Whitfield's claim is better 
than his own, because the election was held under 
the color of law; whereas his own was held 
without the shadow of legaJ foundation, and in 
defiance of all law. 



But it is said thnt outrages wore perpetrated 
in Kansas, and that bodies of armed men, from 
the Slate of Missouri, invaded that Territory at 
tlie time members of tiie Legislature were eliosen, 
and by fraud and violence carried the election, 
and that, therefore, the nets of that Legislature 
should have no validity. Well, let us see, if these 
outrages have been perpetrated, how far Gov- 
ernor Reeder is responsil)le for them, and what 
right he has to question the legality of the Legis- 
lature. 

He was appointed the first Governor under the 
act of Congress organizing the Territory, and 
was intrusted, by the law, with every power 
necessary to establish the government, and main- 
tain law and order in the community. For the 
time being he was, for all practical purposes, 
" THK State," and sliould be hi'jd strictly ac- 
countable for liis acts, whether th(^y were of 
commission or omission. Amongst other pow- 
ers vested in him the act of Congress provides 
that— 

" Previous to the first election, the Governor ?liall cause 
a census or onunicration of the inhabitants and qualified 
voters ol'tlie several counties and districts ol'the Territory, 
to be taken by such persons and in such mode as the Gov- 
ernor shall designate and appoint, and the person so ai>- 
jiiiinted shall receive a reasonable compensation therefor. 
And the first election shall be held at such time and places, 
and be conducted in such manner, both as to the persons 
who shall superintend such election and the returns Ihere- 
(;;", as the Governor shall appoint and direct ; and he shall 
at the same time declare the number of members of the 
Council and House of Ilepresenlatives to « hieh each of 
the counties or districts shall be entitled under this act. 
U'lie persons liavinj; the hiulusi nninber of le;^al votes in 
each of said Council districts Ibr members of the (Council 
(shall be declared by the Governor to be duly elected to the 
Council; and the persons haviuff the highest number of 
K'Sal votes for the House of Uepresentalivi^s shall be de- 
clared by the Governor to be duly elected members of said 
House," &.C. 

Now let us sec how Mr. Roedcr, clothed with 
this high public trust, discharged the duties which 
devolved upon him. Having a giant's strength 
in wielding the destinies of the 'territory, let us 
sec whether he used it honestly and faithfully. 
The story is told in an official communication "to 
this House by the same President who conferred 
upon him the apiiointuicnl: 

•• The Governor of the 'I'crritory of Kansas, commissioned 
on June 29, ItsVl.did not reach the designated seal of his 
Govcrnmeut unhl the 7lh of the ensuing October, and even 
then failed to make the first step in its legal organization, 
that of ordering the census or eninneration of its inlialiitants, 
until so late a day, that the eleelion of the mi'mbers of the 
Jjcgislati ve .\sst'inbly did not take plaee until ^hircli 'M, 1605, 
nor ils nu-eting initij July i, lt\M. t^o that, for a year after 
the Territory was constituted by the act of Congress, and 
the orticcrs to be appointed by the Federal Executive had 
been eommissloned, it was without a complete government, 
without any legislative aulhorilj, wilhout loeal law, and, 
of course, without the ordinary guarantees of peace and 
jniblie order. 

" In other respects, the Governor, instead of exercising 
constant vigilance, and putting forth all his energies to pre- 
vent or counteract the tendencies lo illeyalily, which arc 
prone to exist in all imperlectly-organi/.ed and newly-asso- 
ciated conununilies, allowed liis attenlion to be diverted 
from ollieial obligations by other objei-ls, and himself set 
an example of the violation of law, in tin' performance of 
acts which rendered it my dul) in the sequel to remove 
)u'm from the office of chief executive nuigistrale of the 
Terrirory." 

We have already seen that the law made it his 
imperative duly to cause a list of the qualified 
voters in the Territory to be made out; that he 
was to fix on the time and places for holding the 
election, and the manner of conducting the same, 



both as to the persons who should act as judges, 
and the forms of returns; that ho was lo examine 
these returns, and to decide who had received a 
majority of leral votes, and to certify that such 
per.ions were duly elected. 

Another portion of the law provides, substan- 
tially, that the persons thus certified to lie "duly 
elected" by the Governor, shall constitute the 
Legislature of the Territory, and have power to 
determine " all rightful subjects of legislation." 

Now, an examination of the admitted facta 
shows that the election was held under Governor 
Reeder's proclamation fixing thetiuK' and places 
— that he prescribed the rules and regulations for 
conducting the election — appointed the judges, 
who were sworn under his direction — that the 
returns were sent to him, — and that, with full 
power to decide justly and knowini^hi between the 
different candidates, he examined the returns — 
refused to issue certificates of election in some 
cases, but decided to issue them in others — that 
the number of persons who appeared to have 
received a majority of "legal votes," and were 
certified to be " duly electecl" by the Governor, 
amounted to a large majority of both branches of 
the Legislature; and tliat, in fact, there were but 
nine cases of tilleged illegality, and that even in 
these cases he ordered a new election, and sub- 
sequently issued certificates to the persons chosen 
at said second election. 

Sir, it was his duty, as the Chief Executive of 
tltc Territory, and sworn guardian of the law, to 
refuse certificates to those who were not duly and 
legally chosen Representatives by the people. If 
the riglits of the actual residents of the Territory 
were invaded by armed bodies of men from Mis- 
souri, and if the elections were carried by fraud 
and violence, he iras the man, and (hat iras the time 
and the place to rebuke it; and yet we hear not one 
word about the illegality of the elections in any 
othiT than the nine contested cases before men- 
tioned, until some five or six months afterwards, 
and not until he had been removed from office by 
the President, and had united his fortunes with 
the emigrant aid society; and it will not now do 
for him to say that, during all this time he was 
ignorant of the things he now alleges to be true 
in reference to the legitimacy of the Legislature. 
Can he conn' forxvard noxv,and say that thisxvas 
no Legislature — that the nienil)ers were usurpers, 
and without atitliority to enact laxvs, in the x^ery 
face of his oxvn certificates as a sworn public 
officer, that more than two thirds of them xvere 
" duly elected?" Could any position be inon^ 
absurd .' And yet lie must assume it, or entirely 
fail to make out his case. 

We not only find that he certified to the legiti- 
macy of their election, but tliat he issued his 
proclamation convening them, as the regular au- 
thorized Legislature, at Paxvnee City, July "2, 
1855. This, mark you, xvas more than three 
months after the election. Surely he did not 
xvant more than three months to find outxvhether 
they xvere spurious. If sjnirious, xvhy did he 
convene them.' and xvhy, xvhen they had met, 
and organized in the usual parliamentary form, 
did he address a mess;ige to them, as the reguhir 
h>xv-making poxver of the Territory, suggesting 
various sulijects xvhich ought to be legislat'd 
upon; and, among otliers, this very one for the 
clcclion of a Delegate to Congress ? He now 



comes here, and charges these men with being 
usurpers, and that they had no right to k>gislate 
upon a subject whicli he had specially invited them 
to consider in his message. How, as an honor- 
able man, can he do these things ? 

It is true that he finally got into a quarrel with 
the Legislature; but the ground of that quarrel was 
their adjournment from Pawnee City, where he 
had convened them, and where he was largelfi inter- 
ested in real estate, to Shawnee Mission. He did 
then deny the legality of laws enacted at the latter 
place; but, as the propriety of removal would seem 
to be " a rightful subject of legislation," such as 
the act of Congress reft'rred to the decision of the 
Legislature, I am at a loss to see the force of his 
objections; and especially, in view of the addi- 
tional fact, that the supreme court of the Terri- 
tory has decided that such adjournment did not 
invalidate the laws enacted after the removal. 

It will be observed that, even during the pend- 
ency of this quarrel, the Governor did not dispute 
the legality of the election of the members, but 
only their right to adjourn from one place to an- 
other. I have exammed carefully without being 
able to find that the question of the legality of 
the election was ever raised during the whole of 
his official term. I feel confident it was not. It 
was his place to guard against fraud and violence, 
and to protect the purity of the ballot-box. In 
the absence of any proof to the contrary, we are 
bound to presume that he discharged his duty. 
But we have more than this presumption. We 
have his positive authority for saying that two 
thirds of that Legislature were " duly elected" — 
more than sufficient to constitute a quorum and 
transact business — and we know that it devolves 
upon every legislative body to judge of the elec- 
tion returns and qualifications "of its own mem- 
bers. If the alleged outrages were perpetrated, 
then the conclusion is irresistible that the Gov- 
ernor basely betrayed the trust reposed in him as 
a sworn pubhc officer, in not denouncing them 
when they occurred; in certifying flilsely to the 
election of members, and in recognizing, as the 
regular law-making power of the Territory, a 
body of men whom he now denounces before the 
country as " border ruffians" and usurpers. 

Are we now, at great trouble and expense, to 
send for pei-sons and papers to prove the falsity 
of his own official acts as they stand upon the 
public records of the country? If his official acts 
arc to b(.' regarded as evidence, then the Legisla- 
ture of Kansas was a legal body — the act under 
^-hich General Whitfield was elected is valid, 
and the claim of Governor Reeder to the seat is 
wholly unfounded, and unworthy the serious 
consideration of this House. 

It will be seen that the great point pressed by 
Governor Reeder's friends, is the alleged illegality 
of the laws passed by the Kansas Legislature; 
and yet, it is a little remarkable that at the same 
time the Black Republican Committee of Elections 
are urging that the laws passed by that body are 
entirely void, the Black Republican Committee 
on Territories have brought forward a bill to re- 
peal them. If the laws are already void, pray 
where is the necessity of repealing thi;m by an 
act of Congress .' Was it a spurious Legislature, 
and the law under which Whitfield was elected, 
void.' This is made the all important question 
by Governor Reeder; but, unfortunately for his 



case, there are two things ^v4lich must, like Ban- 
quo 's ghost, forever rise up in judgment against 
him, and will not down at his l)idding, viz: His 
solemn and oft-repeated recognition of the Legis- 
lature's validity, and the undisputed fact, that the 
election under which he claims the seat was held 
without any authority of law whatever. 

Sir, I do not choose, on this occasion, to go into 
the question whether we would not be justified, 
vuider certain circumstances, in inquiring into the 
validity of the election of members of the Kansas 
Legislature, nor as to the point whether the act 
of a Legislature chosen, as our friends on the other 
side allege this to have been, could be made valid 
by the recognition and acquiescence of the Gov- 
ernor of the Territory. I am speaking of this 
case at present, as between the sitting member and 
the gentleman who claims the seat; and my mind 
has arrived at the conclusion that the claint of the 
latter is without a shadow of foundation, and 
that it would be inadmissible even if all his ma- 
terial allegations were supported by competent 
proof. 

There is no reason, therefore, as far as his claim 
is concerned, that I should vote to send for per- 
sons and papers; and, even were his claim more 
tenable, I should be justified in m)-^ vote, on the 
ground that it would be a departure from the 
usages of this body and the law of Congress ia 
reference to contests of this kind. 

In 1851, Congress passed a law " prescribing 
the mode of taking evidence in cases of contested 
elections." Why did not Governor Reeder pre- 
pare his case, and present it to Congress with the 
evidence as the law required? He gave Mr. 
Whitfield written notice of his intention to contest 
the seat, and stating times and places when he 
would take the depositions of his witnesses, thus 
showing that he had a knowledge of the require- 
ments of the law. If he did take these deposi- 
tions, asit was his duty to do, and as he informed 
his competitor he would do, where are they, and 
why are we called upon now to grant a commit- 
tee of his friends t]w extraordinary power of send- 
ing to distant r;gions for persons and papers ? 

Mr. Speaker, I do not wish it to be understood 
that I am opposed to all investigation of Kansas 
affairs, because I hold an investigation in the man- 
ner proposed by the committee, to be unnecessary 
for the proper consideration and decision of this 
contested election. 

I know that it is charged upon this side of the 
House that we are afraid to have the facts exam- 
ined — that we wish to shut out the light, and to 
stifle all investigation. The charge, so far as I 
am advised, is without any foundation. It is 
believed, on this side, that it is not needed in the 
decision of the present question; that if evidence 
is required, it should have bi'cn procured and 
brought here by Governor Reeder in the manner 
prescribed by law; and that if a further investiga- 
tion is desirable, it should not be conducted under 
the auspices of a partisan committee, in the man- 
ner proposed. This, sir, is the position we occupy, 
and I am not afraid to maintain it before an intel- 
ligent constituency. For my own part, I believe 
that these Kansas troubles have been exaggerated 
and magnified a thousaiul-fold; and I should, as a 
matter of policy, if for no other reason, be willing 
to have an investigation, and all the evidence 
taken the parties desire, provided it could be fairly 



dono, and with a prrrpor rogard to economy. As 
proof of my willingness to do this, I am ready to 
vote for tiic proposition subtnitloti by iho gontle- 
nuin tVuni Mississippi, [Mr. Ben'kf.tt,] which { 
provides — | 

"That Joseph H. Bradley and Pidnoy S. Baxter, Esqs., 
of the city of VVashiii^tnii, be, and they are hereby, up- ! 
piiinted commissioners lor and on behairof Ibis House, to ' 
taku depositions and ol)taiti process by taking copies of all 
such documents as may he desired by either party, or their 
ngent-: or attorneys, in re};ar<l to the contested seal of Hon. 
.Mr. Whiilield, as' IJele^ale lor Kansas, under the petition 
of lion. Mr. Ueeder; that said Bradley and B.ixter l)e, and 
tiiey are lii-reby, clothed with full power to adopt all need- 
ful means to elicit clear and full proof upon all points which 
the parties respectively may submit to them as Ihets they, 
or either of them, de.-ire to establish or controvert; that 
tJiey shall j;ive to the parties respectively writli'n and rea- j 
po.'iable notice of the time and place at v\l;icli they will be 
ready to proceed in takin-: such depositions, and may ad- 
journ the same to other times and jilaees as, in their judj- 
inent and discretion, will tend to the full and perfect elicit- 
ing of llie truth toucliin;; all such controverted matters ; and 
lliai, when they shall have completed their labors, they re- 
port the same to this House." 

The gentlemen mentioned are distinguished 
lawyers of this city; and, as far as I have heard, 
not objectionable to any portion of the House. I 
nm not tenacious, liowever, as to the men, and 
am willing tliat any other names may be substi- 
tuted, provided they are gentlemen of integrity, 
of proper legal attainments, and not partisans or 
prejudiced in reference to the case. What more 
can gentlemen upon the other side ask ? If they 
are sincere in wishing this matter fairly investi- 
gated, and with due reference to economy, let 
them come forward in support of this proposition, 
and not thrust in its place a plan which gives the 
investigation a parly character, and which is 
highly objectionable to us for that and other rea- 
sons. If gentlemen upon that side expect us to 
aid in conferring this unlimited power upon the 
committee, they will be very much mistaken. For 
one I will never do it. That committee is com- 
posed mainly of my political opponents — gentle- 
men whose extreme views are well known to the 
country. We know whnt to expect from a com- 
mittee thus constituted. 

I do not want to minister to the sickly sen- 
timentality which unfortunately prevails in cer- 
tain localities in reference to tlie institution of 
Blavery. I deeply dephire tliat the admonitions 
of the'" F(/^//('r of his Country^' are seemingly so 
Boon forgotten, and that so strong a tendency 
prevails to form parties purely of a sectional char- 
acter. I will not encourage this spirit of section- 
alism. I am for the Conslitntinn,i\ui\ the Union, 
and will not trample upon the rights of any por- 
tion of the Confederacy. 

I do not believe the Black Republicans desire 
peace, and doubt whether they would even restore 
the Missouri compromise if tiiey had the power. 
IVhal they do ivant is agitaliou and political capital 
to keep themselves in power, and prostrate the 
supporters of the Nel)raska bill. I shall not give 
them a chance to gather ammunition, through the 
agency of their election committee, if I can pre- 
vent it. I am aware of the love these gentlemen 
have for a Nebraska Democrat. I liave felt their 
•'loving kindness," and think I know them. 
Why, sir, grant the power asked, and one half 
the dissatisfied spirits in Kansas will be brought; 
here to give eviurnce — to say nothing of Free- 
Soil zealots, and " willing witnesses" from other , 
quarters — aiirf all at the expense of the United Stales. I 



I am informed that the list of witnesses one party 
has already made out contains seventy names, 
most of whom reside a distance of fifteen hundred 
or two thousand miles. When I consider the 
large number of witnesses which would be brought 
here, the great distance many of them would have 
to travel, the immense tax it would be to the 
Treasury, the bad feelings that would probably 
bo engendered, and the little practical good to be 
attained, I am really surprised that the proposi- 
tion sliould meet with favor in any quarter. 

For like reasons I cannot vote for the ]>roposi- 
tion of my eloquent colleague from the Madison 
district, [Mr. DcNx,j that three members of the 
House shall be appomtr'd by the Speaker, to col- 
lect evidence, and inquire nito " all violent and 
tumultuous proceedings" in Kansas. Itisoltjec- 
tionable to me for several reasons. In the first 
place, I am unwilling to place the selection of 
these commissioners in the hands of the Speaker; 
and I must say, after the violent opposition of 
my worthy colleague, and the intimations thrown 
out by him in the earlier periods of the session, 
that I am surprised he should bring forward such 
a proposition. Has he discovered that " Cresar" 
is a better man, ailer all, than he took him to be, 
and more entitled to confidence .' I know that my 
distinguished colleague never acts without suffi- 
cient reasons, but it is my misfortune upon this 
occasion not to be able to sec them. 

Now, for my own part, although entirely op- 
posed to the political views of the Speaker, I have 
never Ijelieved half the bad things said of him, 
and really consider him the best presiding offi- 
cer in the Efaek Republican ranks. I know it 
was gravely announced in leading newspapers in 
Europe, that we had elected a black man to be 
Speaker, and I felt indignant when I read it. The 
mistake was in attributing a color to the person 
which might, with some propriety, be applied to 
his principles. It is bad enough in all conscience 
to be a Black Republican; and it is because he ia 
such, and has such strong Free-Soil proclivities, 
that I am unwilling to place this power in his 
hands. He was elected upon that issue, and in 
the formation of committees has shown a determ- 
ination to favor the views of his party to thfi 
utmost extent of his power. A commission, em- 
anating from that source, would be nothing more 
than a second edition of the Committee of Elec- 
tions, abridged in numbers, but in nothing else. 
Besides, it is not a partial investigation, by par- 
tisan me'inbcM's of C(>ngress, (and we are all party 
men,) tiiat will satisfy the country. 

These, however, arc not my only objections. 
My colleague sets out with an appropriation of 
$16,000 to defray the expense of his commission; 
but will he stop at that.' I ajiprehend that sum 
would hardl)'^ pay the cost of printing the evi- 
dence and report, which cannot fail to be vol- 
uminous. It will probably embrace a little of 
everything; for the commissioners arc not only 
to collect evidence in reference to the pending 
question, but in regard to " allviolcnt and tumult- 
vous proceedings in that Territory." There is no 
limit to the powers proposed to be conferred; 
and they have just as much right to consume 
time and the money of the Government in exam- 
ining into a row over a squatter's claim, a dog 
fight, or a whisky jug, as in reference to this 
contested election. Isthatri^ht? Sir, it would 



not only be in their power to examine into such 
things, but would seem to be their imperative 
duty. What says my colleague's proposition? 

"Tlu'ysKaU fttUji iiivcstijiiito and t:ik(' proof of aH violent 
and tuiiiultniius |i'r(p<Ti(liii'^s in said ' V nritory at a7iy time 
since tlie piissaj;'' of tlip K.in.sas-Ni-biaska act." 

Free-and-easy characters, with rather belligerent 
qualities, are to be found in all now countries; 
and, unless Kansas is a remarkable exception, 
these commissioners, if they do all that is required 
of them, will certainly have their hands full. 
Perhaps it is with a view to this extensive range 
of examination that they are to have power to 
appoint an unlimited number of clerks, assistant 
sergeants-at-arms,iS:c. "Thatthey be authorized 
to employ one or more clerks, and one or more 
sergeants-at-arms;" such is the language of the 
resolution. What nice places these would be for 
correspondents and sub-editors of Black Repub- 
lican newspapers, and all to be paid out of the 
pockets of " Uncle Sam .'" What attention would 
a report from such a source receive at the hands 
of the people? What faith would they have in 
it? Sir, I submit that in these exciting times no 
examination and report in relation to this matter 
will command the respect and confidence of the 
country if conducted by members of Congress 
or mere politicians. The jilan of my colleague 
and of the Committee of Elections are alike ob- 
jectionable upon that ground; and also because 
they involve an unnecessary expenditure of the 
people's money — an expenditure, in my judg- 
ment, not called for by the occasion. On these and 
other accounts I shall vote against both the propo- 
sitions, and must adhere to the plan I have already 
indicated. 

In order that it may be seen whether I have 
correctly represented my colleague's proposition, 
I will submit the whole of it. Hear it is: 

Resolved, That a committee of three of the members of 
this House, to be appointed by the Speaker, shall proceed 
to inquire into and collect evidence in regard to the troubles 
in Kansas generally, and particularly in regard to any fraud 
or force attempted or practiced in reference to any of the 
elections which have taken place in said Territory, either 
under the law organiziiij said Territory, or under any pre- 
tended law whicli may !»■ alleged to have taken efiecttlierein 
since. That tin y sliall liiUy investigate and take proof of 
nil violent and tumultuous proceedings in said Territory, 
at any time since the passaur of the Kansas-Nebraska act, 
whether engaged in by residints ol' said Territory, or by 
any person or persons from elsewhere going into said Ter- 
ritory, and doing, or encouraging others to do, any act of 
violence or public disturbance against the laws of the United 
States, or the rights, peace, and safety of the residents of 
said Territory: and for that purpose said committee shall 
have full power to send for and examine, and take copies 
of all such papers, public records and proceedings, as in 
their jiidgiiient will be useful in the premises; and, also, to 
iiiMid ibr persons, and examine them on oatli, oraliinnation, 
n-s to iii.Klirs within their knowledgrt, loueliing the matters 
of said iiiv(!siigati(iii; and saiil eommitt(M!,by their chairman, 
shall have [)ow(r to adutiiiisler all necessary oaths or affirma- 
tions ecjuneeted with their aforesaid duties. 

Hesolvcd further, That said committee may hold their 
investigations at such places and times as to tliem may 
seem advisable, and that they have leave of absence from 
the duties of this House until they shall have comiileted 
such investigation. Tliat they be authorized to employ 
one or more clerks, and one or more assistant sergeants ai- 
nrms, to aid them in their investigation; and niav adminis- 
ter to them an oath or atlirmation faithfully to perform the 
duties assigned to them, respectively, ami to keep secret 
all matters which may come to their kiiowle<lge touching 
audi investigation as said committee shall direct, until the 
report of the same shall be submitted to this House; and 
said committee may discharge any such clerk, or assistant 
s<!rgeant-at-arms, for neglectof duty or disregard of instruc- 
tions in the premises, and employ others under like regula- 



RcsoUed further, That if any person shall in any manner 
obstruct or hinder said committee, or attempt so to do, in 
their said investigation, or shall refuse to attend on said 
committee, and to give evidence when summoned for that 
purpose, or shall refuse to produce any i)aper, book, public 
record, or proceeding in tlirir possrssilm or cohikiI, to said 
committee when so rer|uiri>d, or shall make aM\ disturbaiire 
where said cminiiittrc is lioldiiiL'tlicir sitliiigs, said eoiamit- 
tee may, if thi \ -n' I'.t. cause any and every such person to 
be arrested by said as^islant sergeaiit-at-ariiis, and brought 
before this House to be dealt with as for a contempt. 

Resolved further. That for the purpose of defraying the 
expenses of said commission, there be, and hereby is, ap- 
propriated the sum of 01O,OUO,to be paid out of the con- 
tingent fund of tliis House. 

Resolved further, That the President of the United States 
be, and is hereby, requested to furnish to said eoinmittee, 
should they be mist with any serious opposition by bodies of 
lawless men, in the discharge of their duties aforesaid, such 
aid from any military force as may at the time hv. conve- 
nient to them, as may be necessary to remove such opposi- 
tion, and enable said committee without molestation to 
proceed with their labors. 

Resolved further^ Tiiat when said committee shall have 
completed said investigation, they report all the evidence 
so collected to this House. 

Mr. Speaker, I do not wish to be understood as 
justifying any tumult or outrage which may have 
occurred in Kansas — far from it; but I have no 
idea that the difficulties there have been anything 
like as serious as represented. I am assured by 
gentlemen of the highest respectability, and who 
have the best opportunities of knowing, that one 
half the stories which are going the rounds in 
partisan news))apers about outrages in Kansas, 
are totally unfoutided, and the other half grossly 
exaggerated. Tiiere are more or less irregular- 
ities in all new countries, and it has no doubt been 
so in Kansas. Yottng territories, like most young 
men, have wild oats to sow, but soon settle down,„ 
and become peaceful, law-abiding, and prosperous 
communities. So it will be with Kansas, and es- 
pecially if she is let alone by your emigi"ant aid 
societies, and kindred organizations of both sec- 
tions. There is the origin of all the difficulties 
that are really of a serious character — outside in- 
terference. Why will not the slavery fanatics and 
agitators let the actual settlers in Kansas alone to 
determine all these matters for themselves ? 

That there has been improper outside inter- 
ference in the affairs of that Territory, 1 am not 
dispo-sed to question; and that it is so must be a 
source of regret to every well-wisher of his coun- 
try. I deeply regret it, and condemn it as un- 
qtiaJifiedly as any gentleman upon this floor. 
Whether it is now in the power of this House to 
remedy the irregularities which have occurred is 
another question. But they ought not to be re- 
peated — must not be; and to that end I am glad 
to know the President of the United States has 
issued his proclamation and taken the proper steps 
to maintain law and order in the Territory, and 
protect the people in the estaldishrnent of their 
own institutions. The President says: 

" It will be my imperative duty to exert the whole power 
of the Federal Executive to support public order in the 
Ti'rritory ; to vindicate its laws, whether Federal or local, 
against all attempts of organized resistance ; and so to pro.- 
te<'t its people in tbi' estahlisbmeiit of their own institutions, 
undisturbed by encroaebnient from without, and in the t'ull 
enjoyment of the riglits of self goveriinicnl, assured to them 
by the Constitution and the organic act of Congress." 

Sir, it may not be profitable to inquire whether 
the people of New England or Missouri are most 
to blame for the difficulties which have occurred, 
or whether one side is more censurable than tlie 
other. My impressions are, that bo\h arc to 



8 



blame. Thn people of the North, through the 
ngeiicy of emif^rant aid societies, began the inter- 
ference, and their acts provoked retaliation upon 
the part of tlic people of Missouri. It was wrong 
in both — all tcrong; and mischief the natural re- 
sult to i)e expected from such proceedings. 

Kansas ought to have been lefl, like the other 
Territories of the country, to the control and 
management of actual settlers — men who were 
acting in good f\iith. None others had a right to 
interfere. 

I know that it is common with gentlemen upon 
the other side to attribute thes(> Kansas difficul- 
ties to the passage of the Nebraska bill; and they 
endeavor to throw the responsibility upon the 
supporters of that measure. Sir, the effort is un- 
just and wholly unwarranted by the facts. It is 
inaib', no doubt, with a vii-w of diverting public 
attention from the real authors of the mischief. 
The able letter of the gentleman from North Car- 
olina, [Air. Clingman,] to his constituents, says 

" The responsibility must rest on tlie Aholitionists, in spite 
of the rfl'oits of some of th<'ir secret allies to eharire it on 
tlie jiutliors of the Kansas and Nebraska bill. If a body of 
inlidels should enter a churcli and create a disturbance, it 
inig:ht as well be said that those who had built the church 
and attempted to worship in it were responsible for the 
mischief, as that the legislators of the last Congress are to 
be blamed tor the (-(forts of those wrongdoers to defeat the 
operation of the law." 

Yes, sir, the comparison is well made by my 
friend from North Carolina; and gentlemen upon 
the other side cannot escape from it. Their Abo 
lition and Free-Soil allies violated the principles 
of the Nebraska act by an unjust interference, 
which provoked retaliation by lh(> citizens of 
Missouri, and that led to the mischief. That is 
the true state of the case. It is not the law, then, 
but the violation of its principles, that has brought 
about these unfortunate troubles. Are we who 
made the law to be responsible for the acts of 
those who violate its provisions? Could any 
proposition be more absurd.' Sir, I repeat, the 
fault is not with the law, but with the outsiders 
of both sections who have interfered in violation 
of its principles. View it as they will, gentle- 
men cannot fairly escape from the conclusion, that 
if the actual citizens of Kansas had been left 
alone to decide these questions for themselves, as 



expressly provided in the Nebraska act, all this 
trouble would have been avoided. Who will 
deny it.' 

But, sir, Kansas is not the only place where 
men have been deprived of their political rights, 
and the purity of the ballot-box sullied by fraud 
and violence. Let gentlemen look nearer home. 
Will they — dare they attribute to the Nebraska 
bill those terrible scenes which sent a thrill |of 
horror throughout the length and breadth of the 
1 land, enacted at the elections in some of thi,- Statea 
— ay, sir, in the very heart of boasted civiliza- 
tion and refinement — and which, for unprovoked 
' atrocity, and for cold-blooded and deliberate out- 
rage, are without a parallel , and so far exceed any- 
j thing that has transpired in Kansas, even sup- 
posing the most distorted and exaggerated abo- 
lition accounts to be true, that, in comparison, the 
conduct of the " border ruffians" sinks into utter 
insignificance? And yet to do so, in the one in- 
stance, they would do no greater violence to truth 
'[ than they would in the other. 
j Sir, what have we seen ? Wc have seen emi- 
nent patriots and statesmen denied the freedom 
i of speech; we have seen armed mobs placed as 
i\ judges of the elective franchise; we have seen 
: quiet, inoffensive, and respected citizens brutally 
'\ assaulted and driven from the polls, for daring to 
}: exercise, in a peaceable manner, rights secured 
'to them by the Constitution and the laws; we 
: have seen the ballot-box itself — that sheet-an- 
chor of American freedom — seized by armed 
bullies, and committed to the flames, or the bal- 
lots scattered to the winds, and trampled beneath 
, their ruffian feet; we have seen race arrayed 
against race, neighborhood against neighborhood, 
i! and religion against religion; we have seen men, 
driven by prejudice, intolerance, and passion, to 
I deeds of violence and bloodshed which sicken the 
j! heart — sparing neither age nor sex, and extend- 
1| ing even to the sanctuary of God ! All this, sir, 
i and more, have- we seen, outside of the Territory 
\ of Kansas; and if you would find its true origin, 
jj look to your secret, oath-bound, political organ- 
; izations — to the doctrines of political proscrip- 
I tion and religious intolerance — and not to the 
l| great principles of equality and popular sover- 
i) eignty contained in the Nebraska bill. 



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